Activities of Michał BONI related to 2016/0280(COD)
Plenary speeches (2)
Copyright in the Digital Single Market (debate) PL
Copyright in the Digital Single Market (debate) PL
Amendments (9)
Amendment 101 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers offer the service to users to store and provide access to the public tof copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the publicntent and where this activity is not of a mere technical, automatic and passive nature, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemptionregimes provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 104 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 110 #
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/ECactively and directly involved in users uploading and making works available to the public should take appropriate and proportionate measures to ensure protection of works or other subject-matter.
Amendment 116 #
Proposal for a directive
Recital 39
Recital 39
Amendment 146 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject-matter are hosted. Such measures shall not go beyond what is necessary to achieve that objective.
Amendment 515 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequate and sufficientin an open, machine-readable format, information on the exploitation of their works and performances from those to whom they have licenscommercial users of their protected wor transferred their rights, notablks or performances, notably contextual and rich consumption and behavioural data but in any cas regards modes of exploitation, revenues generated and remuneration duee at least as complete, timely and equivalent as provided by the users to those to whom authors and performers have licensed or transferred their rights.
Amendment 525 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Member States shall ensure that commercial users of works or performances cooperate with authors and performers, and those to whom authors and performers have licensed or transferred their rights, to define best practices of the execution of the obligation specified in paragraph 1, such as by elaborating an open standard for the identification of authors and performers and their respective works and performances.
Amendment 528 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 532 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3